selling rubbish taken from bins at work

Soswozere

Hi there.
Is it illegal / against employment contract to take waste from bins at work? I would recycle the waste into items to sell. Is this considered theft?
Should I discuss the idea with my employer? I would like to know where I stand and proceed correctly.

Any links or tips on similar situations would be greatly appreciated. I can't find any info relating to this.

ResearchWill

Well a BBC story it is uk law here http://www.bbc.co.uk/news/magazine-13037808


Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001 is similar to uk legislation

Theft.

4.—(1) Subject to section 5 , a person is guilty of theft if he or she dishonestly appropriates property without the consent of its owner and with the intention of depriving its owner of it.

Subsection 4 says


(4) If at the trial of a person for theft the court or jury, as the case may be has to consider whether the person believed—

(a) that he or she had not acted dishonestly, or

(b) that the owner of the property concerned had consented or would have consented to its appropriation, or


Im not sure if there is any Irish cases on this issue.

December2012

How much are you going to potentially make from the sale?

Is it worth losing your wages over?

Soswozere

Thank you for the link and the info. I imagine Irish law is similar.

I would make pittance really. It's not a big business idea. Looks like I should steer clear of recycling the waste and just source materials elsewhere.
Such a pity. There's enough rubbish in the world.
Do you think I would be crazy to ask my employer? It may raise undue suspicion?

yellowlabrador

I don't think there would be any harm in asking. You'd be saving the business money as they'd have less refuse. Maybe offer to make a small contribution for it? Or maybe use it as an idea to boost productivity?

Soswozere

Thanks yellowlab. I might approach my employer with the suggestion. He might be ok with it. I certainly won't take anything without permission: had a feeling against it but now I know where I stand. I'm glad I asked! Would hate to ruin my record.

Thanks guys.

December2012

Boss may be happy for you to take it as they may have less refuse charges.

Alternatively could you negotiate to split it or get a commission from your boss plus credit for idea if boss sells / recycles?

MagicSean

Sometimes employers don't like this as it may encourage you to create more waste so that you can benefit from it.

Soswozere

Very good point MagicSean. That's something i hadn't considered. I will figure a weekly estimate of how much waste is produced in a given week to see if the minimum would satisfy my requirements. I imagine once I put a value on waste, his sensible reaction would be to reduce the waste. I think a certain amount is unavoidable but I must make sure of that.

Great insights everybody; Keep them coming!

BostonB

I seem to remember with IT gear there can be a tax issue if you give it to staff.

Soswozere

Thanks Boston. I never would have thought of that.
It seems there's a lot of factors to consider; it certainly isn't clear cut.

BattleCorp

Waste is still the property of your employer so yes, it could be considered theft if you took it without permission.

I can't see any reason though why you shouldn't ask your employer. What harm can it do.

You'd actually be saving them money as there would be less waste for them to dispose of.

Morte

BostonB wrote: »

I seem to remember with IT gear there can be a tax issue if you give it to staff.

It could easily cause an issue with Revenue. Even if the stuff really is junk the taxman might be worried that yourself and the employer could be trying to dodge tax by paying part of your "wage" through this rubbish you are selling on.

sweeney1971

Your best asking your employer. I use to let staff take home any rubbish they wanted. It saved me money by not paying for it to be taken away by a Waste Company.
Just tell them what you are making from it, but dont tell them you want it to make money on!!!!!!!!